R.Ravinder Kumar vs A.M.Sarabai on 31 October, 2025
9.In T.Komati's case, the this Court reiterated that the attaching
creditor can avoid a transfer by merely applying for attachment and if the
purchaser or the transferee makes a claim of the property, it is open to the
attaching creditor to defend the said claim, contending that the transfer itself
is fraudulent. In the light of the above, the findings of the executing court
are clearly erroneous and against the well settled principles enunciated by
this Court.